Allahabad High Court
VIKASH SAHINI @ VIKASH KUMAR BINDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Vikash Sahini, sought bail in a criminal case (Crime No.281 of 2026) involving offences under Sections 115(2), 352, 351(2) and 64(1) of the Indian Penal Code. He claimed absolute innocence, stating that no photographic or video evidence of the victim was recovered and that he has no prior criminal record. The State opposed the bail, but the court noted the lack of material evidence and, without delving into the merits, found a prima facie case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 115(2), 352, 351(2) and 64(1) of the IPC given the absence of photographic/video evidence and the applicant's claim of innocence.
Legislation cited
- Indian Penal Code — s. 115(2), 351(2), 352, 64(1)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- evidence
- presumption of innocence
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29724 of 2026
Vikash Sahini @ Vikash Kumar Bind
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Imamuddin, Lavlesh Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.47 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Lavlesh Kumar Shukla, learned counsel for the applicant, Sri
R.P. Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.281 of 2026, under Sections
115(2), 352, 351(2), 64(1) BNS, Police Station Sigra, District Varanasi,
during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case.
There is no recovery of any photograph or video of the victim. As such, the
allegations are per se false. The victim is major aged about 36 years. The
applicant has no criminal history and is in jail since 5.7.2026. He undertakes
to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that there is no recovery of any photograph or video of
the victim by the Investigating Officer, and without expressing any opinion
BAIL No. 29724 of 2026
2
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Vikash Sahini @ Vikash Kumar Bind, be released on
bail in the aforementioned case crime on furnishing a personal bond and two
sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that he shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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